A federal judge has ordered the release of Erasmo Zavala, a grandfather from Berks County, Pennsylvania, who was detained by U.S. Immigration and Customs Enforcement (ICE). Judge Stephanie Haines ruled last week that Zavala was unlawfully detained while seeking protection under a humanitarian visa program. Zavala was held at the Moshannon Valley Processing Center after being arrested by ICE in April on his way to work, despite his application for a U visa. This visa provides federal immigration protection for undocumented victims and witnesses who cooperate with law enforcement, offering a pathway to lawful permanent residency.
Zavala applied for the U visa after assisting Berks County law enforcement in investigating the murder of his daughter, Selena, in a domestic violence incident in Reading. During the same attack, Selena’s two-month-old daughter was critically injured. Zavala and his wife are now the child’s primary caregivers.
Judge Haines granted Zavala’s request for a preliminary injunction, stating that Zavala demonstrated a "likelihood of success" in his claims and would "continue to suffer irreparable harm" if not released. Haines emphasized that the public interest favors Zavala's release, as U visa protections are intended to encourage victims and witnesses of violent crimes to assist law enforcement.
The court found that the deportation order ICE used to justify Zavala's detention was invalid. Earlier this month, U.S. Citizenship and Immigration Services deemed Zavala’s U visa petition “bona fide,” meeting core eligibility requirements and granting him temporary deportation protection and work authorization.
This ruling is seen as a victory for Zavala and other survivors who cooperate with law enforcement. Immigration attorney Bridget Cambria, representing Zavala, called it a significant win for those seeking protection under similar circumstances.
For more information, visit the Spotlight PA and The Morning Call articles.